Trade Mark Registration

Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off.  Statutory protection of trademark is administered by the Controller General of Patents, Designs, and Trade Marks, a government agency that reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.

The law of trademark deals with the mechanism of registration, protection of trademark, and prevention of fraudulent trademark. The law also provides for the rights acquired by registration of a trademark, modes of transfer and assignment of the rights, nature of infringements, penalties for such infringement, and remedies available to the owner in case of such infringement.
Trademark defined under Section 2 (ZB) of the Trade Marks Act, 1999 as, “trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors.” A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colors or any such combinations. 

Trademark rules
With effect from 6 March 2017, the new trademark rules came into existence. The intention is to simplify the whole trademark registration process and make it hassle-free and quick. Some of the features of the new rules are sound marks are made registrable; 3D marks are made registrable; e-filing is promoted; provisions pertaining to the well-known mark; separate fees structure for an individual/startup/small enterprise and others; expedited processing of application; hearing via video conferencing; and the number of forms has been cut down to 8 from the existing around 75 forms. 

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